News Release

Department of Labor and Employment

January 15, 2025

DOLE ISSUES NEW RULES ON EXECUTION OF SEAFARERS’ CLAIMS

RULES FOR SECTION 59 OF MAGNA CARTA FOR SEAFARERS SIGNED. Department of Labor and Employment (DOLE) Secretary Bienvenido E. Laguesma presents the signed Implementing Rules and Regulations pursuant to Section 59 of Republic Act No. 12021 or the Magna Carta of Filipino Seafarers during a ceremony at the DOLE Central Office on 15 January 2025.

Joining the Secretary are Undersecretaries Benedicto Ernesto R. Bitonio, Jr. (seated, 3rd from left) and Felipe N. Egargo, Jr. (seated rightmost), Assistant Secretaries (standing 2nd to 3rd from right) Lennard Constantine C. Serrano and Amuerfina R. Reyes, OIC-Assistant Secretary Maria Consuelo S. Bacay (standing 2nd from left), National Labor Relations Commission (NLRC) Chairperson Grace E. Maniquiz-Tan (seated 4th from right), National Conciliation and Mediation Board (NCMB) Executive Director Maria Teresita D. Lacsamana-Cancio (seated second from left), and Bureau of Labor Relations Director Arturo Alfonso J. Herbosa (standing leftmost), Institute for Labor Studies Executive Director Jeanette T. Damo (standing rightmost), and other representatives from DOLE, NLRC, and NCMB. (Photo by Ali Creo/DOLE-IPS)

Intramuros, Manila, 15 January 2025—Department of Labor and Employment (DOLE) Secretary Bienvenido E. Laguesma today signed Department Order No. 247, series of 2025, prescribing rules on the enforcement and execution of decisions of the National Labor Relations Commission (NLRC) and voluntary arbitrators under the National Conciliation and Mediation Board (NCMB) involving money claims of seafarers.

The new DOLE order implements Section 59 of the Magna Carta of Filipino Seafarers (Republic Act No. 12021). The provision requires that before a disputed amount of a monetary award in favor of a seafarer can be executed while the NLRC or voluntary arbitrator’s decision is pending appeal with the courts, the seafarer must first file a bond sufficient to fully restitute the amount in case the award is eventually reversed by the courts.

The order complements the implementing rules and regulations of the Magna Carta issued last week by the Department of Migrant Workers (DMW). Secretary Laguesma said that the prompt issuance of the DOLE order is in response to the call of President Ferdinand R. Marcos Jr. during the signing of the DMW implementing rules and regulations for all concerned agencies to issue the corresponding rules within their scope of authority under the Magna Carta to ensure the immediate and full implementation of the law.

Formulated in coordination with the NLRC and NCMB and after consultation with tripartite stakeholders, the DOLE order clarifies the distinction between undisputed and disputed amounts for purposes of requiring the filing of the seafarer’s bond while the decision is being questioned in the courts.

The undisputed amounts include any unpaid salary or wage, including the amount equivalent to the unexpired portion of the contract in cases arising from illegal dismissal; any remuneration capable of being expressed in monetary value as stipulated in the standard employment contract or in an applicable collective bargaining agreement; any unpaid statutory monetary and welfare benefits; the amount corresponding to the disability grading as determined by a third doctor in cases of claims for disability compensation; and any other amount admitted by the employer to be due the seafarer. Upon finality of the decision of the NLRC or voluntary arbitrator, the undisputed amounts shall be immediately executory even pending appeal with the courts without the seafarer being required to file a bond.

Disputed amounts include those determined to be legally due the seafarer and damages, including moral damages, exemplary damages, nominal damages, attorney’s fees, and other similar awards. Upon finality of the decision of the NLRC or voluntary arbitrator, the disputed amounts shall likewise be immediately executory, provided that the seafarer files the required bond.

To protect all parties involved, the DOLE order also includes provisions to ensure the seafarer’s access to timely remedies, procedures in posting the bond to facilitate the execution of disputed awards pending appeal, and reimbursement of the costs of the bond should the courts eventually affirm the disputed amount in favor of the seafarer.

In issuing the order, Secretary Laguesma emphasized that the Magna Carta did not modify or amend the jurisdiction of the NLRC and voluntary arbitrators over money claims of Filipino seafarers. Further, the general rule still holds that decisions of the NLRC and the voluntary arbitrators which have become final are still immediately executory even pending appeal with the courts. The requirement of a seafarer’s bond is an exception to this general rule and applies only to disputed amount in the awards of the NLRC or voluntary arbitrator. The order ensures that this requirement will be applied consistently with the intent of the law and that the rights of all parties are protected. He also urged all concerned to contribute in the dissemination and effective implementation of the order.

The new order is set to take effect 15 days after its publication in the Official Gazette or newspaper of general circulation. The full text is available for download at the DOLE website

https://dole.gov.ph/